LEXIS AND COMPANY

  Joint or constructive criminality - the law relating to joint offender or constructive criminality is laid down under section 34 to 38 of Indian Penal Code.  There are four important principles governing joint offender  Act done by several persons in furtherance of common intention - section 34 Act done with criminal knowledge or intention - section 35  Co-operation in acts constituting an offence - section 37  Persons concerned in criminal act may be guilty of different offence - section 38 Sections  34  and  149  are  the  relevant  provisions  of  group  liability  in  the  Indian  Penal  Code. Section  34  defines  common  intention,  whereas  149  defines  the  liability  of  a  group  acting  in  the prosecution  of  a  common  object.  Common  intention  means  the  same  intention,  whereas  common object  means  similar  intention  towards  achieving  an  objective.  Under  the  concept  of  group liability,  all  the  members  of  the  group  are  equally  liable  even  if 

  Vicarious Liability: An Introduction Vicarious Liability deals with cases where one person is liable for the acts of others. So in a case of vicarious liability both the person at whose behest the act is done as well as the person who does the act are liable. Thus, Employers are vicariously liable for the torts of their employees that are committed during the course of employment. The common examples of such a liability are: (1) Liability of the principal for the tort of his agent; (2) Liability of partners of each other’s tort; (3) Liability of the master for the tort of his servant. (4) Liability of the State or Liability of the Administration. Constituents of Vicarious Liability So the constituents of vicarious liability are: (1) There must be a  relationship   of a certain kind. (2) The  wrongful act   must be related to the relationship in a certain way. (3) The wrong has been done within the  course of employment . Vicarious Liability Of The State: Introduction The term ‘admini

        Human beings value their privacy and the protection of their personal sphere of life. They value some control over who knows what about them. They certainly do not want their personal information to be accessible to just anyone at any time. But recent advances in information technology threaten privacy and have reduced the amount of control over personal data and open up the possibility of a range of negative consequences as a result of access to personal data. In the second half of the 20 th  century data protection regimes have been put in place as a response to increasing levels of processing of personal data. The 21 st  century has become the century of big data and advanced information technology (e.g. forms of deep learning), the rise of big tech companies and the platform economy, which comes with the storage and processing of exabytes of data. The revelations of Edward Snowden, and more recently the Cambridge Analytica case (Cadwalladr & Graham-Harrison 2018) have d

  Introduction: Criminal law deals with the criminal, and helps to protect the societies and security of individual interests and ensure the survival of different groups in society.  There are two types of criminal law:  Substantive law: In this law the substance defines law and punishment like IPC. The right and obligation that govern people and organization it include all law of general and specific applicability.  Procedural law: It include the procedure, and establish the legal rules by which substantive law is created, applied and enforced particularly in court. Example: CRPC CPC. Criminal Law  The criminal law deals with the different kind crime took place in our society now question arises that what is the Crime?   Judge Blackstone defines crime as an act committed or omitted in violation of a public law either forbidding or commanding it.   Oxford Dictionary defines crime as an act punishable by law as forbidden by statute or injurious to the public welfare, not only against in

    ABSTRACT This paper is an analysis of landmark case of Selvi v. State of Karnataka and deals with important questions pertaining to constitutionality and validity of administration of polygraph tests, brain mapping, and narco-analysis etc.it deals with the reasoning given by the courts for the administration of these tests by the investigating authorities.it also depicts the conflicting position of technology and humanity. The accused are involuntarily administered to these tests which raises lot of question regarding the violation of human rights and fundamental rights. The important legal issues also make a clear stand so as to what all should be done and taken care of while using these techniques. The case gives importance to major legal issues including privacy or personal liberty, self-incrimination and substantive due process and aims to keep the constitutional morality and humanity above all. It also aims to prevent inhuman, degrading and forceful treatment by investigating

  Trespass to the person is generally consider s a unreasonable interference with the body of a person which can be cause by a actual harm which include use of force, or by an apprehension of force.    Trespass to the person is further divided into Assault and Battery Battery: Battery is considered as an intentional application of force to another person without any lawful justification. Essential element of Battery If there is battery then the essential element is use of force. Even if the force use is very trivial and does not cause any harm, the wrong will be still committed. There is no needing have prove physical hurt and even though there is no physical hurt it would be still counted as the battery.  In Innes v. Wylie case there is a policeman u lawfully prevented the plaintiff from entering the club premises. It was held that the police man was entirely passive like a door or a wall put to prevent from entering the room there was no assault.    And the use of force is should be

  The debate of privacy basically had ignited in the 21st century with the need for data privacy laws and civil rights of privacy of every individual, irrespective of their sexual preference. Privacy is an important facet to life and liberty and an inherent part of the fundamental rights enshrined in the Constitution. It exists equally in all individuals, irrespective of class, strata, gender or orientation. It plays a significant role in the development of one’s personality, integrity, and dignity. However, the fact the privacy is not an absolute right, but an invasion must be based on legality, need and proportionality for safeguarding this cherished right and such an invasion must be justified by law.   1. INTRODUCTION According to Justice Krishna Iyer,“Personal liberty makes for the worth of human person”. Hence, the notion of dignity and liberty are not independent of privacy.  The concept of Privacy is not at all new and it does not need any; it just needs a legal recognition as

  Rape culture is a sociological concept for a setting in which rape is pervasive and normalized due to societal attitudes about gender and sexuality. ... It has been used to  areas where war rape is used as psychological warfare. Now, should we treat women as independent agents, responsible for themselves? Of course. But being responsible has nothing to do with being raped. Women don't get raped because they were drinking or took drugs. Women do not get raped because they weren't careful enough. Women get raped because someone raped them.” With the advent of 21st century where we are considered to be technologically advanced we still witness such brutal and heinous crimes around us. Out of everything RAPE should be the last thing we must be hearing of. It is very sad to see people moving with last minute sympathy than actually trying to change the regressive system which not many are not aware of. Statistics say that India on an average recorded 88 rape cases daily in 2019 .

  INTRODUCTION The word “Alibi” is derived from Latin which means “elsewhere” or “somewhere else”. It is used as a defence by the person who is accused, in criminal proceedings. When the accused makes a plea of alibi, it means that the accused is trying to convey and convince the court that he is at some other place at the time when the crime happened. Generally, a plea of alibi states that the suspect was not there at the crime spot and time of the performance of a crime owing to the excuse that he was at some other place. According to criminal law, the burden of proving that he was absent at the crime spot, lies on the accused. ILLUSTRATION :  On a certain day A got murdered at Vijayawada. B was accused in this case but he is in Vizag when the crime had happened. Now B can make a plea of Alibi in the court. Here B must prove that he/she is in Vizag, at the time the crime was committed.   SECTIONS DEALING WITH PLEA OF ALIBI Section 11 of the Indian Evidence Act “When facts not otherwi